beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 10, 2011, the Plaintiff applied for a payment order against B as the Youngcheon District Court Decision 2011j. 2014, which issued the payment order on January 19, 2011.
2. 8. Finality has been made.
The contents of the above payment order are as follows: (a) the bankruptcy trustee C, etc. (B) of the Korea-U.S. Credit Cooperative Co., Ltd. (B was a joint guarantor of D) filed a lawsuit claiming the payment of KRW 100 million and damages for delay with the Daegu District Court Decision 2000Da64349, and the winning judgment became final and conclusive; and (b) the Plaintiff acquired the remainder of the loan claims partially repaid by the debtor after the judgment, and thus, (c) the Plaintiff sought the payment of the amount of KRW 301,505,366 and damages for delay against B, etc.
B. On May 27, 1998, B completed on May 27, 1998 the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to the real estate indicated in the attached list (hereinafter “instant real estate”) to the Defendant, the Daegu District Court, Youngcheon District Court No. 13107, May 27, 1998, which was the receipt of the maximum debt amount of KRW 60 million.
C. B does not have any special property other than the instant real property.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including branch numbers, hereinafter the same shall apply), Gap evidence 3-1, the purport of the whole pleadings
2. The plaintiff asserted that the plaintiff sought cancellation of the registration of the establishment of the neighboring mortgage of this case against the defendant in subrogation of B as the creditor of this case on the following grounds:
Since B and the Defendant established the instant collateral security in collusion with each other, the establishment registration of the instant collateral security is null and void.
B. The secured claim of the instant right to collateral security expired by prescription.
3. Determination
A. At the time of the establishment of the right to collateral security, the burden of proving the existence of the right to collateral security has been asserted.